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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 599   View pdf image (33K)
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ART. 88.] SHERIFFS. 599

20. The court imposing the fine for the contempt mentioned
in the last preceding section, shall certify the same to the Circuit
Court of the county where the sheriff resides; or if he resides
in the city of Baltimore, to the Superior Court of Baltimore city;
and upon the receipt of such certificate by the court to which it
may be sent, the said court shall forthwith compel the payment
of the same in the same manner as if the fine had been imposed
by such court.

21. The sheriff may return any writ or other process sent
from another county or city, to the clerk of the court to which
the same may be returnable, by mail, in a cover sealed up and
duly addressed; but the non-return of such process by the time
hereinbefore limited, shall not be excused by any evidence which
such sheriff may offer, to prove that such writ or process was
deposited in the post office to be so transmitted, except the posi-
tive affidavit in writing of the said sheriff himself, setting forth
substantially the process so transmitted, the return endorsed
thereon, the manner in which the same was covered and ad-
dressed, and the actual time when the same was deposited in the
post office.

22. If the court before which said sheriff shall be brought for
contempt, shall be satisfied of the facts contained in such affi-
davit, and that such process was deposited in the proper post
office in due time, to be transmitted to the court to which the
same was returnable, the said court may remit the fine aforesaid
and discharge the sheriff from the attachment, on payment of
the costs arising from the proceedings had in consequence of the
non-return of the writ or process; and the court shall direct the
affidavit to be filed, and their judgment in relation thereto to be
entered on the record of their proceedings; but nothing herein
contained shall, in any manner, affect the remedy given the
party grieved by the next succeeding section, for the neglect or
delay of the sheriff in not making a due return of said process.

23. When any process shall be issued from any Circuit Court
of a county, or the Court of Common Pleas, or the Superior
Court of Baltimore city, or the Circuit Court of Baltimore city,
directed to the sheriff of another county or the said city, and
the sheriff to whom the same shall be directed shall neglect to
make due return thereof to the court to which such process may
be made returnable, such court may on motion and on proof of
the delivery of such process to said sheriff, amerce said sheriff

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 599   View pdf image (33K)
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